Canada to pursue labour complaint with Mexico under the North American Agreement on Labour Cooperation

OTTAWA, ON, May 11 /PRNewswire/ - The Honourable Joe Fontana, Minister of
Labour and Housing, announced today that he has accepted the recommendation
contained in the review report of Public Communication CAN 2003-1 submitted by
the Canadian National Administrative Office (NAO) under the North American
Agreement on Labour Cooperation (NAALC).
"I am pleased to announce that the Canadian National Administrative
Office has concluded its review of Public Communication CAN 2003-1 and that
its report has been made available to the public," said Minister Fontana. "I
take the issues raised in this communication very seriously and I have
accepted the report's recommendation to seek ministerial consultations with
the Mexican Secretary of Labour and Social Welfare on the freedom of
association issues raised in the communication."
CAN 2003-1 is the fourth public communication under the NAALC that has
been submitted to Canada for its consideration. It was submitted to the
Canadian NAO by the Maquila Solidarity Network, a Canadian organization that
works on labour issues in maquiladora factories and export processing zones;
the United Students Against Sweatshops, a non-governmental organization in the
U.S.; and the Centro de Apoyo al Trabajador, a labour rights advocacy group in
Mexico. This public communication raises issues concerning the enforcement of
labour laws on freedom of association, occupational health and safety, and
minimum employment standards in relation to activities that occurred at
Matamoros Garment and at Tarrant Mexico, two apparel factories in the state of
Puebla, Mexico. The submitters also allege that similar events took place at
another factory, Kukdong International Mexico in Atlixco, also in the state of
Puebla.
To ensure an accessible, open and transparent examination of the issues,
the Canadian NAO consulted with as many parties as possible, including the
Mexican NAO, the submitters, Mexican workers, management and unions, client
companies of these factories and Mexican lawyers. In addition, the Canadian
NAO held a public meeting in Toronto on May 28, 2004, to allow the submitters,
members of the public and non-governmental organizations to present additional
information relevant to the review.
The Canadian NAO found that the events that occurred at the two garment
factories raise concerns about the union registration process, the
impartiality and independence of labour boards, workers' access to information
about their collective agreements, and the protection of workers from
dismissal for organizing a union. The NAO concluded that a more positive
approach on the part of the labour authorities and better information to the
workers would likely have made an important contribution to protecting workers
against anti-union activities such as intimidation, coercion and unjust
dismissals. The NAO also recognized that some of the issues have been raised
in previous public communications and seem to continue to be unresolved.
With respect to occupational safety and health and minimum employment
standards, the NAO notes that it has not received all the information
necessary to draw conclusions on whether the Mexican government failed to meet
its obligations under the NAALC. Upon receipt of additional information, the
NAO may provide the Minister with further recommendations.
The Minister will write to the Mexican Secretary of Labour and Social
Welfare to seek ministerial consultations to better understand and resolve the
issues raised in the public communication. The Minister is committed to
carrying out these consultations in a timely and efficient manner.
BACKGROUNDER
The North American Agreement on Labour Cooperation (NAALC) was signed by
Canada, the United States and Mexico at the same time as the North American
Free Trade Agreement (NAFTA) and came into force on January 1, 1994. The NAALC
protects the rights and seeks to improve working conditions and living
standards for workers in these three countries. Each of the countries has
established its own National Administrative Office (NAO) in conformance with
the NAALC.
Under Article 16(3) of the NAALC, the NAO of each party is to provide for
the submission and receipt of public communications (complaints) on labour law
matters arising in the territory of another NAALC country, and is to review
such matters in accordance with domestic procedures. The matters complained of
must constitute a failure of the other party to comply with its obligations
under the NAALC - namely, to enforce its domestic labour law. The Canadian
Guidelines for Filing Public Communications enables any person or organization
to file such public communications with the Canadian NAO.
Public Communication CAN 2003-1 was submitted to the Canadian NAO by
three organizations: the Maquila Solidarity Network, a Canadian organization
that works on labour issues in maquiladora factories and export processing
zones; the United Students Against Sweatshops, an American non governmental
organization; and the Centro de Apoyo al Trabajador, a labour rights advocacy
group in Mexico. The Communication was accepted for review on March 12, 2004.
CAN 2003-1 raises issues related to unionization efforts at Tarrant
Mexico and Matamoros Garment factories, both in the state of Puebla, and the
subsequent actions of government agencies. More specifically, the submitters
claim that the Puebla Conciliation and Arbitration Board failed to provide a
fair process for the registration of Matamoros (SITEMAG) and Tarrant (SUITTAR)
independent unions, and to protect their committee members from intimidation
and discrimination. Furthermore, the submission claims that the Mexican
government failed to meet its obligations to protect workers at the Matamoros
factory against minimum employment standards and occupational health and
safety violations.
The submitters also point to past alleged labour infractions at a third
Puebla factory, Kukdong International Mexico (2000-2001), and to previous
American and Canadian public communications against Mexico, to demonstrate a
"persistent pattern of non-enforcement" on the part of the Mexican government.
They allege that the violations presented in this public communication are
symptoms of a "systemic problem in the enforcement of labor law in Mexico."
As part of its review process, Canada consulted with the Mexican NAO, the
submitters, representatives from Matamoros Garment and Tarrant Mexico, the
incumbent unions at these two factories, the companies mentioned in the
submission, and Mexican lawyers. In addition, the Canadian NAO held a public
meeting in Toronto on May 28, 2004, to allow the submitters, non-governmental
organizations and members of the public to present additional information
relevant to the review of CAN 2003-1. Provinces and territories were invited
to the public meeting and have been kept informed of the progress of the
review.
The Canadian NAO has now concluded its review and has submitted its
report to the Minister. The NAO found that the events surrounding the two
petitions for registration raise concerns about whether the Government of
Mexico is conforming with its obligation to ensure that administrative
procedures to enforce labour laws are not unnecessarily complicated and do not
entail unwarranted delays. It also has concerns about the impartiality and
independence of the Labour Board (CAB) of Puebla and raised questions related
to Mexico's obligation to ensure that its labour boards do not have any
substantial interest in the outcome of union registration procedures. Finally,
the NAO concluded that a more positive approach on the part of the labour
authorities and better information to the workers would likely have made an
important contribution to effectively enforcing protections that are key to
countering anti-union activities such as intimidation, coercion and unjust
dismissals.
With respect to the problems faced by independent unions in Mexico when
trying to register and obtain legal rights to negotiate and hold title to
collective agreements, the NAO recognized that this issue had been raised in
previous public communications and seems to continue to be unresolved.
With respect to occupational safety and health and minimum employment
standards, the NAO will request additional information from its Mexican
counterpart and may provide the Minister with further recommendations after
reviewing this information.
The same public communication was submitted to the American NAO and
accepted for review. The US report was released on September 22, 2004. The
American report draws conclusions very similar to the Canadian ones and also
recommends ministerial consultations. Therefore, in the spirit of cooperation
between the three partner countries, Canada and the U.S. are examining the
possibility of working jointly in holding their consultations with the Mexican
government.

SOURCE Government of Canada

OTTAWA, ON, May 11 /PRNewswire/ - The Honourable Joe Fontana, Minister of
Labour and Housing, announced today that he has accepted the recommendation
contained in the review report of Public Communication CAN 2003-1 submitted by
the Canadian National Administrative Office (NAO) under the North American
Agreement on Labour Cooperation (NAALC).
"I am pleased to announce that the Canadian National Administrative
Office has concluded its review of Public Communication CAN 2003-1 and that
its report has been made available to the public," said Minister Fontana. "I
take the issues raised in this communication very seriously and I have
accepted the report's recommendation to seek ministerial consultations with
the Mexican Secretary of Labour and Social Welfare on the freedom of
association issues raised in the communication."
CAN 2003-1 is the fourth public communication under the NAALC that has
been submitted to Canada for its consideration. It was submitted to the
Canadian NAO by the Maquila Solidarity Network, a Canadian organization that
works on labour issues in maquiladora factories and export processing zones;
the United Students Against Sweatshops, a non-governmental organization in the
U.S.; and the Centro de Apoyo al Trabajador, a labour rights advocacy group in
Mexico. This public communication raises issues concerning the enforcement of
labour laws on freedom of association, occupational health and safety, and
minimum employment standards in relation to activities that occurred at
Matamoros Garment and at Tarrant Mexico, two apparel factories in the state of
Puebla, Mexico. The submitters also allege that similar events took place at
another factory, Kukdong International Mexico in Atlixco, also in the state of
Puebla.
To ensure an accessible, open and transparent examination of the issues,
the Canadian NAO consulted with as many parties as possible, including the
Mexican NAO, the submitters, Mexican workers, management and unions, client
companies of these factories and Mexican lawyers. In addition, the Canadian
NAO held a public meeting in Toronto on May 28, 2004, to allow the submitters,
members of the public and non-governmental organizations to present additional
information relevant to the review.
The Canadian NAO found that the events that occurred at the two garment
factories raise concerns about the union registration process, the
impartiality and independence of labour boards, workers' access to information
about their collective agreements, and the protection of workers from
dismissal for organizing a union. The NAO concluded that a more positive
approach on the part of the labour authorities and better information to the
workers would likely have made an important contribution to protecting workers
against anti-union activities such as intimidation, coercion and unjust
dismissals. The NAO also recognized that some of the issues have been raised
in previous public communications and seem to continue to be unresolved.
With respect to occupational safety and health and minimum employment
standards, the NAO notes that it has not received all the information
necessary to draw conclusions on whether the Mexican government failed to meet
its obligations under the NAALC. Upon receipt of additional information, the
NAO may provide the Minister with further recommendations.
The Minister will write to the Mexican Secretary of Labour and Social
Welfare to seek ministerial consultations to better understand and resolve the
issues raised in the public communication. The Minister is committed to
carrying out these consultations in a timely and efficient manner.
BACKGROUNDER
The North American Agreement on Labour Cooperation (NAALC) was signed by
Canada, the United States and Mexico at the same time as the North American
Free Trade Agreement (NAFTA) and came into force on January 1, 1994. The NAALC
protects the rights and seeks to improve working conditions and living
standards for workers in these three countries. Each of the countries has
established its own National Administrative Office (NAO) in conformance with
the NAALC.
Under Article 16(3) of the NAALC, the NAO of each party is to provide for
the submission and receipt of public communications (complaints) on labour law
matters arising in the territory of another NAALC country, and is to review
such matters in accordance with domestic procedures. The matters complained of
must constitute a failure of the other party to comply with its obligations
under the NAALC - namely, to enforce its domestic labour law. The Canadian
Guidelines for Filing Public Communications enables any person or organization
to file such public communications with the Canadian NAO.
Public Communication CAN 2003-1 was submitted to the Canadian NAO by
three organizations: the Maquila Solidarity Network, a Canadian organization
that works on labour issues in maquiladora factories and export processing
zones; the United Students Against Sweatshops, an American non governmental
organization; and the Centro de Apoyo al Trabajador, a labour rights advocacy
group in Mexico. The Communication was accepted for review on March 12, 2004.
CAN 2003-1 raises issues related to unionization efforts at Tarrant
Mexico and Matamoros Garment factories, both in the state of Puebla, and the
subsequent actions of government agencies. More specifically, the submitters
claim that the Puebla Conciliation and Arbitration Board failed to provide a
fair process for the registration of Matamoros (SITEMAG) and Tarrant (SUITTAR)
independent unions, and to protect their committee members from intimidation
and discrimination. Furthermore, the submission claims that the Mexican
government failed to meet its obligations to protect workers at the Matamoros
factory against minimum employment standards and occupational health and
safety violations.
The submitters also point to past alleged labour infractions at a third
Puebla factory, Kukdong International Mexico (2000-2001), and to previous
American and Canadian public communications against Mexico, to demonstrate a
"persistent pattern of non-enforcement" on the part of the Mexican government.
They allege that the violations presented in this public communication are
symptoms of a "systemic problem in the enforcement of labor law in Mexico."
As part of its review process, Canada consulted with the Mexican NAO, the
submitters, representatives from Matamoros Garment and Tarrant Mexico, the
incumbent unions at these two factories, the companies mentioned in the
submission, and Mexican lawyers. In addition, the Canadian NAO held a public
meeting in Toronto on May 28, 2004, to allow the submitters, non-governmental
organizations and members of the public to present additional information
relevant to the review of CAN 2003-1. Provinces and territories were invited
to the public meeting and have been kept informed of the progress of the
review.
The Canadian NAO has now concluded its review and has submitted its
report to the Minister. The NAO found that the events surrounding the two
petitions for registration raise concerns about whether the Government of
Mexico is conforming with its obligation to ensure that administrative
procedures to enforce labour laws are not unnecessarily complicated and do not
entail unwarranted delays. It also has concerns about the impartiality and
independence of the Labour Board (CAB) of Puebla and raised questions related
to Mexico's obligation to ensure that its labour boards do not have any
substantial interest in the outcome of union registration procedures. Finally,
the NAO concluded that a more positive approach on the part of the labour
authorities and better information to the workers would likely have made an
important contribution to effectively enforcing protections that are key to
countering anti-union activities such as intimidation, coercion and unjust
dismissals.
With respect to the problems faced by independent unions in Mexico when
trying to register and obtain legal rights to negotiate and hold title to
collective agreements, the NAO recognized that this issue had been raised in
previous public communications and seems to continue to be unresolved.
With respect to occupational safety and health and minimum employment
standards, the NAO will request additional information from its Mexican
counterpart and may provide the Minister with further recommendations after
reviewing this information.
The same public communication was submitted to the American NAO and
accepted for review. The US report was released on September 22, 2004. The
American report draws conclusions very similar to the Canadian ones and also
recommends ministerial consultations. Therefore, in the spirit of cooperation
between the three partner countries, Canada and the U.S. are examining the
possibility of working jointly in holding their consultations with the Mexican
government.
SOURCE Government of Canada